The Theory and Policy of Labour ProtectionSchäffle, A. (Albert)
General
The Theory and Policy of Labour Protection
Schäffle, A. (Albert)
Labor laws and legislation -- Germany
_Courts of Arbitration._ The Court of Arbitration as proposed by the
Auer Motion, is, so to speak, the judicial twin brother of the Labour
Board. According to Sec. 137-137_e_, the Court of Arbitration would be a
court of the first instance, for the settlement of disputes between
employers and workmen. It would be formed by each Labour Chamber out of
its numbers, and would consist of equal numbers of employers and of
workmen. The chair would be taken by the labour councillor or one of his
paid assistants. Equal representation of both classes would be required
when pronouncing decisions. None but relations, employes, and partners
in the business, would be permitted to be present during the
deliberations in support of the disagreeing parties. There would be
right of appeal to the Labour Chamber. The members of this Court of
Arbitration would (like those of the Labour Chamber) (Sec. 130_a_) receive
daily pay and defrayment of travelling expenses. Such would evidently be
the working out of this system of combined class representation, of
which, indeed, we already have an instance in the industrial courts of
arbitration.
_Labour Chambers._ These would form the foundation stone of the edifice,
and they deserve the special attention of all who wish to know how
Social Democracy means to attain her ends. I give verbatim the clauses
dealing with this: "Sec. 134. For the representation of the interests of
employers and their workmen, as well as for the support of the Labour
Boards in the exercise of their authority, there shall be appointed from
Oct. 1, 1891, in every Labour Board district, a Labour Chamber, to
consist of not less than 24, and not more than 36 members, according to
the number of different firms established in the district. The number of
members for the separate districts shall be determined by the Imperial
Labour Board. The members of the Labour Chambers shall be elected, the
one half by employers of full age from amongst their numbers, the other
half by workers of full age from amongst their numbers. The election
shall be made on the principle of direct, individual, ballot voting by
both sexes, a simple majority only to decide. Each class shall elect its
own representatives. The mandate of the members of the Labour Chamber
shall last for two years, opening and closing in each case with the
calendar year. Simultaneously with the election of the members of the
Labour Chamber proxies to the number of one-half shall be appointed. The
proxies shall be those candidates who receive the greatest number of
votes next after the elected members. In the case of equal votes lots
shall be drawn. The selection of the polling day, which must be either a
Sunday or festival, shall rest with the Imperial Labour Board, which
shall also lay down the rules of procedure for the election. Employers
and workmen shall be equally represented on the election committees. The
time appointed for taking the votes shall be fixed in such a manner that
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